Cases3308643/2024

Claimant v Thurst Hurdle Ltd

27 May 2025Before Employment Judge GrahamBury St Edmundsremote video

Outcome

Claimant fails

Individual claims

Direct Discrimination(pregnancy)dismissed on withdrawal

Claim dismissed under Rule 47 for non-attendance at preliminary hearing. Claimant failed to attend the scheduled case management hearing and had not complied with tribunal directions to provide additional information concerning her claim.

Unfair Dismissaldismissed on withdrawal

Claim dismissed under Rule 47 for non-attendance at preliminary hearing. Claimant failed to attend the scheduled case management hearing and had not complied with tribunal directions to provide additional information concerning her claim.

Working Time Regulationsdismissed on withdrawal

Claim dismissed under Rule 47 for non-attendance at preliminary hearing. Claimant failed to attend the scheduled case management hearing and had not complied with tribunal directions to provide additional information concerning her claim.

Facts

The Claimant filed claims of maternity and pregnancy discrimination, unfair dismissal, and Working Time Regulations complaints on 5 August 2024. The Respondent denied the claims. A preliminary hearing for case management was scheduled for 27 May 2025. The Claimant was directed to provide additional information about her claim but did not comply. The Claimant failed to attend the preliminary hearing and had not communicated with either the Respondent or the Tribunal.

Decision

Employment Judge Graham dismissed the claim in full under Rule 47 due to the Claimant's non-attendance at the preliminary hearing. The judge considered that a postponement would be inappropriate given the Claimant's failure to respond to tribunal directions and the need to avoid further unnecessary expenditure of time and costs, in line with the overriding objective.

Practical note

Claimants who fail to attend case management hearings and do not comply with tribunal directions risk having their entire claim dismissed under Rule 47, particularly where the hearing cannot proceed in their absence.

Legal authorities cited

Statutes

Employment Tribunal Rules of Procedure 2024 Rule 47Employment Tribunal Rules of Procedure 2024 Rule 3Working Time Regulations 1998

Case details

Case number
3308643/2024
Decision date
27 May 2025
Hearing type
preliminary
Hearing days
Classification
contested

Respondent

Sector
other
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
No